Minister to appeal Ntlemeza judgment

Paseka Motsoeneng, also known as "prophet Mboro", prayed for embattled Hawks boss Major-General Berning Ntlemeza during a service at the Incredible Happenings Church in Katlehong on Sunday. Picture: Matthews Baloyi

Johannesburg - Police Minister Nkosinathi Nhleko will appeal the judgment of the high court in Pretoria, which set aside the appointment of the Directorate for Priority Crimes Investigation head, Major-General Berning Ntlemeza.

Nhleko’s spokesperson Sandile Ngidi said the minister would file court papers on Monday. “The appeal process will effectively suspend the current court order and will allow General Ntlemeza to stay in his job until the matter is heard and adjudicated as per the appeal,” Ngidi explained.

The appeal comes after the high court in Pretoria on Friday ruled Ntlemeza’s appointment as head of the elite unit, the Hawks, was irrational and unlawful.

The application was brought by the Helen Suzman Foundation and Freedom Under Law after another court had indicated that Ntlemeza was not a fit and proper candidate for the position of national head of the Hawks.

“These judgments are replete with the findings of dishonesty and mala fides (bad faith) against Major-General Ntlemeza. These were judicial pronouncements,” the ruling of the high court said.

“They, therefore, constitute direct evidence that Major-General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office.”

Ntlemeza was appointed by Nhleko in September 2015.

Freedom Under Law chairperson, retired Judge Johann Kriegler, said Nhleko was entitled to appeal the court’s judgment. “But we are confident that we will succeed at the next court hearing.

“It is a pity that General Ntlemeza will stay a little while longer,” Kriegler added.

The Helen Suzman Foundation’s Anton van Dalsen said they would wait for Nhleko to lodge his appeal formally.

“We are not going to comment until we have confirmation,” Van Dalsen said.

The decision to appeal the court ruling flies in the face of the ANC’s hopes of having the matter closed.

“This judgment follows an admission made by the Minister of Police comrade Nathi Nhlekoto in Parliament last year that an error had been made in the procedure to appoint General Ntlemeza,” ANC spokesperson Zizi Kodwa said on Friday.